CopyCited 15 times | Published | Supreme Court of Georgia | Nov 18, 2019
...ld have filed
a general demurrer to the count of the indictment that charged him
with home invasion because the indictment referred to Burch’s
“dwelling house” without specifying that Burch had “authority to be
present” there. See OCGA §
16-7-5 (b) (“A person commits the
offense of home invasion in the first degree when, without authority
and with intent to commit a forcible felony therein and while in
possession of a deadly weapon ....
CopyCited 11 times | Published | Supreme Court of Georgia | Oct 5, 2021 | 312 Ga. 565
...predicate offenses for the Gang Act violations with which he was
21
charged. From the evidence presented at trial, the jury was
authorized to determine that Overstreet committed the offenses of
home invasion (as defined in OCGA §
16-7-5) and armed robbery (as
defined in OCGA §
16-8-41 (a))....
CopyCited 7 times | Published | Supreme Court of Georgia | Feb 20, 2024
...See id.; OCGA §§
16-5-1 (e)
(1) (outlining murder sentencing possibilities as death or life in
prison with or without parole);
16-7-1 (b) (providing that sentence
range for burglary in the first degree is a prison term of between one
and 20 years);
16-7-5 (d) (sentencing options for home invasion are
29
“imprisonment for life or imprisonment for not less than ten nor
more than 20 years and by a fine of not more than $100,000.00”);
16-8-12 (a) (1) (C)...
...Counts 5 and 10 of the indictment charged Appellant
with first degree home invasion and first degree burglary,
respectively. First degree burglary does not require proof of any fact
beyond those required to prove first degree home invasion. Compare
OCGA §
16-7-1 (b) with OCGA §
16-7-5 (d)....
CopyCited 4 times | Published | Supreme Court of Georgia | Sep 8, 2020 | 309 Ga. 805
...general demurrer or a motion in arrest of judgment4 to the count of
the indictment that charged him with home invasion because, he
alleges, the indictment failed to specify that Subar intended to
commit the underlying crimes “therein,” or inside the residence. See
OCGA §
16-7-5 (b).5 But the indictment alleged that Subar “did
4 As this Court has previously explained, “[a] general demurrer
challenges the sufficiency of the substance of the indictment.” (Citation,
punctuation and emphasis omitted.) Kimbrough v....
...And a motion in arrest of judgment challenges “a defect
that the accused might otherwise have challenged by a timely general
demurrer. It will lie only when the indictment is void.” (Citation omitted.)
Lowe v. State,
276 Ga. 538, 539 (2) (579 SE2d 728) (2003).
5 OCGA §
16-7-5 (b) states as follows:
A person commits the offense of home invasion in the first
degree when, without authority and with intent to commit a
forcible felony therein and while in possession of a deadly weapon...
CopyCited 2 times | Published | Supreme Court of Georgia | Aug 13, 2024 | 319 Ga. 595
...Contrary to Appellant’s contention, it would not have
been irrational for the jury to conclude that Appellant developed the
intent to kill Loving only after he entered her house, such that he
lacked the requisite intent to commit home invasion but had the
required intent for malice murder. Compare OCGA §
16-7-5 (b)
20
(requiring that a person “enter[ ]” another’s dwelling house “with
intent to commit a forcible felony therein”), with OCGA §
16-5-1 (a)
(requiring that the defendant “causes” a death “with malice
aforethought”)....
...could have
found Appellant not guilty of home invasion for reasons unrelated to
intent. Specifically, the offense of home invasion, unlike the offense
of malice murder, requires that a person enter another’s home
“without authority.” OCGA §
16-7-5 (b)....
Published | Supreme Court of Georgia | Jun 24, 2025 | 319 Ga. 595
...therein,” OCGA §
16-7-1 (b),
and home invasion is committed when a person, “without authority
and with intent to commit a forcible felony therein and while in pos-
session of a deadly weapon,” enters the occupied dwelling of another.
OCGA §
16-7-5 (b)....
Published | Supreme Court of Georgia | Feb 20, 2024 | 319 Ga. 595
...See id; OCGA §§
16-5-1 (e)
(1) (outlining murder sentencing possibilities as death or life in
29
prison with or without parole);
16-7-1 (b) (providing that sentence
range for burglary in the first degree is a prison term of between one
and twenty years);
16-7-5 (d) (sentencing options for home invasion
are “imprisonment for life or imprisonment for not less than ten nor
more than 20 years and by a fine of not more than $100,000.00”);
16-8-12 (a) (1) (C) (stating that the punishment for theft by taking
of property “at least $1,500.01 in value but ....
...Counts 5 and 10 of the indictment charged Appellant
with first degree home invasion and first degree burglary,
respectively. First degree burglary does not require proof of any fact
beyond those required to prove first degree home invasion. Compare
OCGA §
16-7-1 (b) with OCGA §
16-7-5 (d)....
